National Health Service Act 2006

81 Conditions of supply under section 80 E+W

(1) [F1 Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must] —

(a) consult the officer or a body recognised by [F2 the person] as representing the officer, or

(b) [F3 where the person is the Secretary of State and is not the officer's employer,] satisfy himself that the body who employs the officer has consulted the officer about the matter.

(2) [F4 The person concerned] may disregard the provisions of subsection (1) in a case where [F5 it] —

(a) considers it necessary to make the services of an officer available for the purpose of dealing temporarily with an emergency, and

(b) has previously consulted a body such as is mentioned in subsection (1)(b) about making services available in an emergency.

(3) The Secretary of State may, for the purposes of subsection (3)(b) of section 80, or subsection (6)(b) or (c) of that section, give such directions to F6 ... F7 ... Special Health Authorities and Local Health Boards to make the services of their officers available as he considers appropriate.

(4) Powers under this section and section 80 may be exercised on such terms as may be agreed, including terms as to the making of payments to [F8 the person who makes the services available].

(5) [F9 A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them] as may be agreed between [F10 the person] and the local authority or, in default of agreement, as may be determined by arbitration.

(6) Any power to supply goods or materials under section 80 includes—

(a) a power to purchase and store them, and

(b) a power to arrange with third parties for the supply of goods or materials by those third parties.

Textual Amendments

F1 Words in s. 81(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 Words in s. 81(1)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 81(1)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in s. 81(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Word in s. 81(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Words in s. 81(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 Words in s. 81(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 Words in s. 81(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 Words in s. 81(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(6)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 81(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 29(6)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)